Domestic Violence Assault Dismissed Against Non-Citizen
Our Hudson County criminal defense lawyers recently represented a client who had been charged with domestic violence simple assault after an alleged fight with his wife. To make matters worse our client was not a U.S. citizen and risked potential immigration consequences such as deportation or prohibition against re-entering the country if he was convicted of an act of domestic violence. By the time we got involved in the case our client had an arrest warrant for failing to appear in court and ever answer the charges. After lifting the warrant we had the case re-listed and made a demand to the prosecutor to provide the evidence and subpoena any witnesses they would need to try and prove the case.
Once we went to court, the prosecutor had trouble producing the evidence and the victim failed to appear to testify after being subpoenaed. After reviewing the information, the prosecutor conceded that there were substantial proof issues with their case. Based on these issues, we were able to make a persuasive argument to the judge for a motion to dismiss based on lack of prosecution. Our client was able to walk out of court with no criminal record after the charges were completely dismissed. Moreover, at the time of the dismissal our lawyers made an argument for the judge to sign an expungement to erase his record of arrest so nothing would come up on a background check. If you or your loved one has been charged with an act of domestic violence or has potential immigration issues like the client referenced above, then feel free to give us a call today for a free consultation so we can explain how we may be able to help.
State v. C.J. decided on August 3, 2017